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ordering P&M to pay a fixed penalty in the amount of $500. 00 for <br /> NOV-23 . <br /> 6. P&M contests both the fact of the violation alleged in <br /> NOV-23 and the amount of the penalty assessed, and raises the <br /> following objections and issues: <br /> THE TROUT CREEK WATER PUMP CITED IN NOV-23 IS NOT <br /> SITUATED ON A DISTURBED AREA AND ACCORDINGLY, NO <br /> SEDIMENT PONDS OR TREATMENT FACILITIES ARE REQUIRED. <br /> NOV-23 specifically states that the portion of the Edna Mine <br /> that NOV-23 applies to is the "Trout Creek water pump. " The <br /> section of the Act and the Rule identified in NOV-23 as being <br /> violated require that an operator prevent, to the extent possible <br /> using the best technology available, suspended solids from <br /> leaving the permit area and require surface drainage from <br /> disturbed areas to be passed through sedimentation ponds or other <br /> treatment facilities before leaving the permit area. <br /> The Trout Creek water pump identified in NOV-23 is a mobile <br /> wheel-mounted pump and diesel motor unit. The pump is located <br /> next to Trout Creek and draws water from the creek through a <br /> pipe. Water from the pump is piped several hundred feet to a <br /> vertical standpipe fill station located on a road-end turnaround <br /> to fill water trucks for dust suppression. The area near Trout <br /> Creek on which the pump is located is not a disturbed area as <br /> defined in Rule 1. 04 (36) . <br /> The Act requires that a notice of violation set forth with <br /> reasonable specificity the nature of a violation and the remedial <br /> action required, the period of time established for abatement, <br /> and a reasonable description of the portion of the surface coal <br /> -3- <br />